Balancing the Costs and Benefits of Patent Litigation from Injunctions to Damages

March 5, 2015 11:15am

Lawrence M. Sung PhD
Partner
Wiley Rein LLP

Peter A. Socarras
Senior Director, Intellectual Property
Nevro Corp. (Redwood City, CA)

Bradley T. Lennie
Partner
Hunton & Williams LLP

Shawn Kolitch Ph.D., M.S.
Partner, Intellectual Property Attorney
Kolisch Hartwell, P.C.

  • Exploring ways to reduce patent litigation costs
  • When is an injunction likely?
    • The impact of eBay on medical device patent litigation
    • The circumstances in which an injunction is likely
    • Balancing the public interest with competitive injury
  • Determining patent infringement damages
    • Raising the floor — how to create a high “reasonable royalty” rate
    • Conventional and unconventional arguments for lost profits
    • Apportionment and the value added by a patented invention
  • Achieving settlement with a strong remedies case
    • Invest early in remedies analysis
    • How to present your position directly to the opposing decision maker